RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00948
INDEX CODE: 131.00, 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 SEP 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His deceased cousin’s military records be corrected to show the grade
of first lieutenant rather than airman second class and the proper race –
Indian rather than Caucasian.
2. His deceased cousin’s headstone located at Santa Fe, NM reflect the
proper rank of first lieutenant.
Examiner’s Note: The former servicemember’s DD Form 214 has been
administratively corrected to reflect his race as Indian rather than
Caucasian and a DD Form 215, Correction to the DD Form 214, Certificate of
Release or Discharge from Active Duty has been sent to the applicant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His cousin’s headstone is in error because it reads airman second class
rather than first lieutenant. His DD Form 214 has lines blacked out and
lists him as Caucasian, there are no decorations, medals, badges,
commendations, citations and campaign ribbons awarded and airman second
class is listed for grade/rank at time of entry into active service.
In support of his request, the applicant provided a personal statement, DD
Form 214, death certificate, and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former servicemember entered active duty on 27 September 1961 in the
grade of airman basic and was progressively promoted to the grade of airman
second class effective and with a date of rank of 1 February 1963.
On 24 September 1965, the former servicemember was honorably released from
active duty in the grade of airman second class with 3 years, 11 months,
and 28 days on active duty, and was transferred to the Air Force Reserve.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial. DPPPO states they reviewed the records
provided and can find no evidence that the former servicemember ever
received a commission into the officer corps. The record provided clearly
shows a career progression as an enlisted member up until the time he
voluntarily separated. This case should be dismissed as untimely. The
applicant’s unreasonable delay regarding a matter, now dating back over
40 years ago, is without adequate justification, and a waiver of the time
limitation could unreasonably harm the government. The applicant has not
provided any evidence to support his contention.
The DPPPO complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 May 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice. The applicant’s contentions are
duly noted; however, the Board does not find the applicant’s uncorroborated
assertions sufficiently persuasive to override the rationale provided by
the Air Force office of primary responsibility (OPR). The Board notes
there is no indication in the former servicemember’s available military
personnel records to substantiate he received a commission into the officer
corps. Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
00948 in Executive Session on 12 July 2007, under the provisions of AFI 36-
2603:
Mr. James A. Wolffe, Acting Panel Chair
Ms. Donna D. Jonkoff, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Mar 07, w/atchs.
Exhibit B. Former Servicemember's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 30 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 24 May 07.
JAMES A. WOLFFE
Acting Panel Chair
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